HomeMy WebLinkAboutAgenda Report - August 17, 2005 E-15AGENDA ITEM Co*
&411% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution of Support for Assembly Bill 438 (Parra) to Protect Families
Living in Rental Communities from Serious and High -Risk Sex Offenders
MEETING DATE: August 17, 2005
PREPARED BY:
City Manager
RECOMMENDED ACTION: That Council adopt a resolution of support for Assembly Bill 438
(Parra) to protect families living in rental communities from serious
and high-risk sex offenders.
BACKGROU9411) INFORMATION: This item appears on the agenda at the request of the Lodi Police
Department. State law currently prohibits rental housing providers
from using information contained on the state Megan's Law
database to make housing decisions and prohibits rental housing
providers from notifying tenants if there is a serious or high-risk sex offender residing in the rental
community. The attached resolution will urge the State Legislature to pass Assembly Bill 438, which
would allow that providers of residential real property may refuse to provide housing to, or evict, a sex
offender whose residence address is made available on the Department of Justice Web site.
FISCAL IMPACT: None.
FUNDING AVAILABLE: N/A
BK/JMP
Attachments
cc: Police Chief Adams
APPROVED:
count!Vcourtcom/AssemblyBi11438.doc
Blair King
City Manager
Blair Kdp, thy Manager
RESOLUTION NO. 2005-171
A RESOLUTION OF THE LODI CITY COUNCIL IN
SUPPORT OF ASSEMBLY BILL 438 (PARKA) TO
PROTECT FAMILIES LIVING IN RENTAL COMMUNITIES
FROM SERIOUS AND HIGH-RISK SEX OFFENDERS
WHEREAS, the City of Lodi seeks to ensure safe and affordable housing for its
residents; and
WHEREAS, there are a significant number of families and individuals residing in rental
communities throughout the City; and
WHEREAS, rental housing providers are in a precarious situation due to the recent
availability of sex offender information over the Internet; and
WHEREAS, rental housing providers seek to be able to protect their tenants from the
known dangerous propensities of other tenants; and
WHEREAS, state law currently prohibits rental housing providers from using information
contained on the state Megan's Law database to make housing decisions; and
WHEREAS, state law currently prohibits rental housing providers from notifying tenants
if there is a serious or high-risk sex offender residing in the rental community; and
WHEREAS, rental housing providers need a clear direction from the state and relief
from the current situation.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby support
Assembly Bill 438 (Parra) to protect families living in rental communities from serious and high-
risk sex offenders and to allow rental housing providers to notify and protect their tenants from
individuals listed as a serious or high-risk sex offender on the state's Megan's Law database.
Dated: August 17, 2005
I hereby certify that Resolution No. 2005-171 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 17, 2005, by the following vote:
AYES: COUNCIL. MEMBERS -- Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. B CKSTON
City Clerk
2005-171
rg.
DECLARATION OF
TRANSMITTAL LETTER RE: AB 438 (PARKA) TO PROTECT FAMILIES LIVING
MI RENTAL COMMUNITIES FROM SERIOUS AND HIGH-RISK SEX OFFENDERS
On August 19, 2005, in the City of Lodi, San Joaquin County, California, I deposited in the
United States mall, envelopes with first-class postage prepaid thereon, containing a
transmittal letter regarding AB 438 (Parra) to protect families living in rental communities
from serious and high-risk sex offenders, marked Exhibit "A"; said envelopes were
addressed as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 19, 2005, at Lodi, California.
ORDERED BY:
JACQUELINE L. TAYLOR
DEPUTY CITY CLERK
KARI J. CHADWICK
ADMINISTRATIVE CLERK
Fonnsldccrnail.doc
ORDERED BY:
SUSAN BLACKSTON
CITY CLERK, CITY OF LODI
JIFER PERRIN
D UTY CITY CLERK
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
CITY OF LODI
To: Interested Parties
CITY HALL, 221 WEST PINE STREET
P.O. SOX 3006
LODI, CALIFORNIA 95241-1 91 0
(209) 333-6702
FAX (209) 333-6807
citycirk@lodi.gov
August 19, 2005
BLAIR KING, City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEPHEN SCHWABAUER
City Attorney
RE: Resolution In Support of Assembly Bill 438 (Parra) to Protect Families
Living in Rental Communities from Serious and High -Risk Sex
Offenders
The Lodi City Council, at its meeting of August 19, 2005, adopted the enclosed
resolution in support of Assembly Bill 438 (Parra) to protect families living in rental
communities from serious and high-risk sex offenders.
Should you require further information or have any questions, please feel free to
contact my office.
Sincerely,
Susan J. Blackston
City Clerk
sJB/JMP
Enclosure
cc: City Manager
Police Department
followupllTransmittal.doc
RESOLUTION NO. 2005-171
A RESOLUTION OF THE LODI CITY COUNCIL IN
SUPPORT OF ASSEMBLY BILL 438 (PARKA) TO
PROTECT FAMILIES LIVING IN RENTAL COMMUNITIES
FROM SERIOUS AND HIGH-RISK SEX OFFENDERS
WHEREAS, the City of Lodi seeks to ensure safe and affordable housing for its
residents; and
WHEREAS, there are a significant number of families and individuals residing in rental
communities throughout the City; and
WHEREAS, rental housing providers are in a precarious situation due to the recent
availability of sex offender information over the Internet; and
WHEREAS, rental housing providers seek to be able to protect their tenants from the
known dangerous propensities of other tenants; and
WHEREAS, state law currently prohibits rental housing providers from using information
contained on the state Megan's Law database to make housing decisions; and
WHEREAS, state law currently prohibits rental housing providers from notifying tenants
if there is a serious or high-risk sex offender residing in the rental community; and
WHEREAS, rental housing providers need a clear direction from the state and relief
from the current situation.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby support
Assembly Bill 438 (Parra) to protect families living in rental communities from serious and high-
risk sex offenders and to allow rental housing providers to notify and protect their tenants from
individuals listed as a serious or high-risk sex offender on the state's Megan's Law database.
Dated: August 17, 2005
I hereby certify that Resolution No. 2005-171 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 17, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS -- None
ABSTAIN: COUNCIL MEMBERS -- None
The foregoing document is certified to be a correct
copy of the original on file in the City Clerk's Office.
Jennifer M. Perrin SUSAN J. B CKSTON
Deputy City Clerk, City of Lodi City Clerk
By: 2005-171
Dated: i-
EHIBIT B
Resolution in Support of Assembly Bill 438 (Parra) to Protect Families
Living in Rental Communities from Serious and High -Risk Sex Offenders
MAILING LIST
Assemblymernber Nicole M. Parra
601 24th Street, Suite A
Bakersfield, CA 93301
League of California Cities
1400 K Street
Sacramento, CA 95814
Assemblymember Alan Nakanishi
218 West Pine Street
Lodi, CA 95240
Assemblymember Charles Poochigian
4974 E. Clinton, Suite 100
Fresno, CA 93727